Ghana’s LGBTQ laws currently criminalize same-sex sexual activity under a 1960 statute carrying up to three years in prison, and a far more sweeping bill that would criminalize LGBTQ identity itself, along with advocacy and support, has passed parliament but, as of mid-2026, still awaits the president’s signature. Ghana has no anti-discrimination protections based on sexual orientation or gender identity, and the social environment adds risks beyond what the formal law imposes.
What Section 104 Criminalizes Right Now
The operative law is Section 104 of the Criminal Offences Act, 1960 (Act 29), a British colonial inheritance that has remained essentially unchanged since independence. It criminalizes “unnatural carnal knowledge,” defined as sexual intercourse “in an unnatural manner.” Consensual same-sex activity between adults is a misdemeanor under Section 104(1)(b), punishable by up to three years in prison. Non-consensual acts fall under Section 104(1)(a) as a first-degree felony carrying five to twenty-five years.1Immigration and Refugee Board of Canada. Responses to Information Requests
The statute does not use the words “homosexuality” or “sexual orientation,” and on its face targets acts rather than identity. In practice, Ghanaian courts have consistently applied it to prosecute consensual same-sex relations between men. In July 2024, the Supreme Court upheld Section 104(1)(b) as constitutional and expanded the scope of “unnatural manner” to include the use of sex toys.
The Human Sexual Rights and Family Values Bill
Parliament passed the Human Sexual Rights and Family Values Bill unanimously in February 2024. The president declined to sign it, and in December 2024 the Supreme Court dismissed a challenge as premature because the bill was not yet law.2Outright International. Ghana’s Anti-LGBTQ Bill Clears Supreme Court Hurdle, Threatening Lives Parliament formally revived the bill in February 2026, and as of mid-2026 it still awaits presidential signature.
The bill is not currently enforceable. Its contents matter because passage could happen at any time, and because the political momentum behind it signals where the environment is heading.
Criminalizing Identity
Where Section 104 reaches specific acts, the bill reaches identity. Anyone who publicly identifies as lesbian, gay, bisexual, or transgender would face up to three years in prison regardless of whether they have engaged in any sexual activity. Same-sex sexual acts would carry a separate three-year sentence. Operating a venue for prohibited sexual activity would carry up to five years.
The bill would void same-sex marriages and domestic partnerships, prohibit gender reassignment procedures, and block legal documents that reflect a gender identity different from the one assigned at birth.
Advocacy, Media, and Funding
Some of the harshest penalties fall on people who support LGBTQ Ghanaians rather than LGBTQ Ghanaians themselves. Promoting, sponsoring, or advocating for LGBTQ rights would carry up to ten years in prison. The bill explicitly covers parents of LGBTQ children, teachers, journalists, doctors, and human rights defenders. Organizations working on LGBTQ inclusion would be forced to dissolve, and their donors and partner organizations would face prosecution.
Media organizations and online platforms would be liable for content that could be interpreted as supportive of LGBTQ rights. Sharing supportive material on social media could ground a criminal prosecution. Foreign funding for LGBTQ-inclusive programs would be banned.
Mandatory Reporting
The bill would require ordinary citizens to report suspected LGBTQ activity to police or traditional community leaders, with penalties for failing to do so. Traditional authorities would act as enforcers integrated into the criminal justice system.
Enforcement and Day-to-Day Safety
Enforcement of Section 104 has been inconsistent, but when it happens it can be severe. In May 2021, police arrested 21 activists attending a human rights workshop in the Volta region. The detainees were held for more than three weeks without bail. Human rights investigators documented torture, humiliation, unsanitary conditions, and inadequate medical care in detention. An intersex participant reported being stripped naked, subjected to a violent physical examination, and placed in a male jail cell where guards threatened sexual assault.
Beyond formal enforcement, LGBTQ individuals in Ghana face mob violence, extortion, and social ostracism. The debate around the bill has intensified public hostility. An LGBT community office in Accra was closed in 2021.
Travel Advisory for Visitors
The U.S. Department of State rates Ghana at Level 2, “Exercise Increased Caution,” and specifically flags violence against LGBTQ travelers as a reason for the advisory. The advisory notes that Ghanaian law “contains prohibitions on ‘unnatural carnal knowledge’ — generally interpreted as any kind of sexual intimacy — between persons of the same sex.”3U.S. Department of State. Ghana Travel Advisory Same-sex conduct is already criminal under existing law, independent of whether the pending bill is signed.
The UN Office of the High Commissioner for Human Rights said the bill “broadens the scope of criminal sanctions against lesbian, gay, bisexual, transgender and queer people simply for being who they are” and would be “corrosive” to Ghanaian society as a whole.4Office of the United Nations High Commissioner for Human Rights. UN Experts Urge Ghana’s President to Reject Discriminatory Bill
Asylum in the United States for LGBTQ Ghanaians
US immigration law recognizes persecution based on sexual orientation as a basis for asylum. Under the Immigration and Nationality Act, a person qualifies as a refugee if they face persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.”5Justia Law. Sumaila v. Attorney General United States, No. 18-1342 (3d Cir. 2020) USCIS guidance states that “persecution on account of sexual orientation constitutes persecution on account of membership in a particular social group.”6USCIS. Nexus – Particular Social Group (PSG) LP (RAIO)
Federal courts have addressed Ghana directly. In Sumaila v. Attorney General (3d Cir. 2020), the court found that a gay Ghanaian man’s “sexual orientation and identity as a gay man is enough to establish his membership in the lesbian, gay, bisexual, transgender and intersex (LGBTI) community in Ghana, a ‘particular social group’ within the meaning of the INA.” The court acknowledged that Ghana criminalizes same-sex male relationships under Section 104, with punishment of up to three years.5Justia Law. Sumaila v. Attorney General United States, No. 18-1342 (3d Cir. 2020)
An applicant who shows past persecution receives a rebuttable presumption of a well-founded fear of future persecution. Someone who has not yet suffered persecution can still qualify by showing either individualized targeting or a pattern of persecution against LGBTQ people in Ghana. Given the existing criminal statute, the pending bill, documented arrests and abuse in detention, and the broader social climate, Ghanaian LGBTQ applicants have strong factual grounds. Legal representation significantly affects asylum outcomes, and several US-based organizations specialize in LGBTQ asylum work.